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Hmmmm did I just win against midland?


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Okay not a "win" but, I do have a message on my voice mail from their lawyer stating that they have been authorized to request a discontinuance by their client and that I should call them. Being it is so late I will call in the morning. I don't know if I should start doing the happy dance now. Any last minute advise for me?

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Show up to the court date anyway - sometimes the attorney's trick you into not showing so they get an auto default. :(

You can try calling - but remember anything he tells you is probably not true. If you can, record the conversation with the attorney. Just be careful here. It does not exist unless it is in writing. At this stage they make verbal promises and verbal is unenforceable.

Don't do the happy dance until you have the dismissed with prejudice in your hand.

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Show up to the court date anyway - sometimes the attorney's trick you into not showing so they get an auto default. :(

You can try calling - but remember anything he tells you is probably not true. If you can, record the conversation with the attorney. Just be careful here. It does not exist unless it is in writing. At this stage they make verbal promises and verbal is unenforceable.

Don't do the happy dance until you have the dismissed with prejudice in your hand.

Thanks for pointing that out! Good info!

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  • 4 weeks later...
There is no court date. They still haven't sent me anything that I asked for in discovery.

if you sent your discovery request and more than 20 days has gone by, file a motion to compel discovery. that should force them to either comply or file the dismissal, just make sure its with prejudice,

or if they dont reply you can ask for the dismissal yourself after the motion to compel has expired,

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